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COPYRIGHT DEPOSrr. 



TRADEMARK POWER 

AN EXPEDITION INTO AN 

UNPROBED AND INVITING 

WILDERNESS 

BY 

GLEN BUCK 



CHICAGO 

MUNROE & SOUTHWORTH 

PUBLISHERS 

1916 






-A 



To 
FREDERIC W. GARDNER 
who blazed the trail 



COPYRIGHTED. 1916. BY GLEN BUCK 

All rights reserved, 

including that of translation into 

foreign languages, including 

the Scandinavian 




8 1916 



©CIA'128189 
^O . / ■ 



FOREWORD 

Why this ado? Wiseacres everywhere 
are discoursing sagely concerning the trade- 
mark. As though it were a new thing in the 
world! The trademark! It is being served to 
us with the salad at conference dinners; dis- 
cussed where directors gather; torn into 
shreds by the analyzing class publications; 
profoundly expounded by wrinkled-browed 
lawyers; advertised to a patient public 
through gratuitous spaces in the magazines; 
and abused outrageously by those who 
protest they love it best. 

A revival? Yes. For back in the earli- 
est dawn of civilization the trademark had 
its inception. It has had a fitful though 



tenacious life in the affairs of men since 
first things were made to exchange or sell. 
But it has been only since the development 
of advertising to its present hopeful state 
that it has become a subject for conversa- 
tion in thundering subway trains and at 
gentlemanly pink teas. 

The trademark is in the atmosphere. 

Yet, among all the books in the great 
American libraries there is not one that 
attempts to make clear its real purposes and 
uses in commerce. Many shelves there are 
that are crowded with volumes which have 
to do with its legal aspects. But careful 
search has failed to reveal any comprehen- 
sive statement that sets down its philos- 
ophy, traces its development, or makes the 
application to present-day merchandising 
conditions. 

This little book then is a pioneer in a 



new field. It is a sincere endeavor to bring 
about a clearer understanding of a factor 
that is assuming increasing importance in 
the activities of the times. And it is sent 
out to a world of thinking men with the 
hope that it may do a little share toward 
the advancement of better conditions in 
that fascinating development which we call 
Modem Business. 

Glen Buck 

Chicago, 
March, 1916 



**In this roaring age of efficiency 
we do not long support any 
institution that does not set its 
claws deep in the common life 
and hang on'' 

—Robert Louis Stevenson 



TRADEMARK POWER 



§1 

Two men, apparently somebodies in the 
world of affairs, were leisurely finishing 
after-luncheon cigars on the observation 
platform of a train that was bearing down 
upon the great metropolis at the easy speed 
of sixty miles an hour. For some time they 
had been absorbed in watching the tele- 
graph lines, trees, houses, indeed all the 
objects of the landscape, move rapidly in, 
as live things might move, toward the nar- 
rowing track and vanish at a point in the 
distance, as though they had been drawn 
into some deep funnel. Like an endless 
conveyor-belt the cross-bound rails of steel 



rushed from beneath their feet carrying 
everything with them. From both sides 
the brightly colored advertising boards 
came together and disappeared in thin lines. 
Trees and buildings lost their shape and the 
brightest colors faded to soft gray as they 
receded to that common meeting. 

But the advertising signs were increasing 
in number and now almost fenced the way. 

"It is a strange thing,'* said one of the 
men after a long silence, "but out of the 
thousands of advertisements that have 
passed us, there is only one that I can form 
any very definite mental picture of, once it 
is out of sight. And that one seems to be 
impressed upon my mind vividly for all 
time. The girl with her feet in wooden 
shoes and her head hidden in a sun-bonnet, 
that strenuous maiden who is eternally 
chasing dirt, I can't get away from. She 
has an attraction for me that is almost un- 
canny. I pick her out of a crowd as I 
would an old friend. And try as I may, I 

[ 10 ] 



can't think of the girl without thinking of 
the product she represents, any more than 
I can think of the product without forming 
a mental vision of the girl. The two ideas 
are inseparable in my mind.*' 

"But would not the name serve the pur- 
pose quite as well — ^providing you saw it as 
often," asked the other. 

"No! I am sure it would not! And be- 
sides I wouldn't see it often. There is 
something about a design like that that is 
tremendously more impressive than any 
name ever could be. It suggests more. It 
tells a complete story at a glance. It must 
be that the mind thinks in pictures, for I 
find it difl&cult to visualize a name. But it 
is easy to visualize an uncomplicated design 
or form — especially if one sees it often." 

"I don't exactly see the advantage," 
said the skeptical one. 

"Just this. All cleaning powders look 
alike. There are dozens of them. But the 
manufacturer who succeeds in making his 

[11 ] 



particular powder stand out from all the 
others with the greatest distinctiveness, will, 
if other things are equal, get the greater 
share of the sales. It has just come to me 
since we have been sitting here that a good 
trademark is the simplest and most power- * 
ful means of clearly separating a product 
from all others of its kind. It gives some- 
thing for the memory to hang to." 

And there, on that speeding train, as the 
earth and sky were converging to a hungry 
center, the philosophy of the trademark was 
focused to a concrete statement. 



§2 

In that deep sense which all men of all 
races have, in that native faculty which has 
come to be designated by the word ** sym- 
bolism," the trademark has its origin. 

By scratching pictures upon flat stones 
or other substances, primitive people every- 

[ 12 ] 



where have made their first records and 
communications. In time these crude draw- 
ings have invariably been simplified; and 
gradually certain quickly and easily made 
forms have come to stand for particular 
things, as, for instance, a circle for the sun, 
an upright line for a man, a curved hori- 
zontal line for a snake. And with further 
development certain fixed forms have come 
to designate particular ideas. A crossed 
line to the early Egyptian was an invitation 
to a meeting. An inverted "U" to a Sioux 
Indian was a challenge to a fight. 

But picture-writing limited men's abili- 
ties to express themselves. And conse- 
quently we find symbols of quite another 
kind coming into use. 

The man or men who conceived the idea 
of making certain marks stand for the dif- 
ferent sounds of the human voice laid the 
foundation on which rests all the civilizations 
of the world. 

The letters of our present well-ordered 

[13] 



alphabet are but symbols of sounds. And 
the words which their different arrange- 
ments form are but symbols of things or 
concepts. 

Our common numerals are symbols in 
even a more direct sense. The figure four, 
for instance, is an arbitrary sign which by 
common consent has come to stand for 
exactly four units among all occidental 
nations. 

Everywhere we turn this faculty of the 
human mind for making one thing stand 
for and suggest another evidences itself. 
Without it mental and spiritual growth 
would have been impossible. It separates 
man from the animals. It lies at the base 
of all progress. And with the development 
of human capabilities it ever gains in 
power. 



[ 14] 



§3 





There is a little five-pointed device 
which through long use has come to suggest 
the stars to minds everywhere. It tells the 
same story to the child and to his grand- 
father, to the Russian peasant and to the 
American business man. 

Yet — it is not a picture of a star. It 
doesn't look like a star in the least. 
Everyone knows that stars are not five- 
pointed. We have always known that they 
are round. But we have taken this par- 
ticular form as the symbol of the stars. 

It is the star trademark. 

And it doesn't stand for any one par- 
ticular star. It is the emblem of all the 
stars. In a wider sense it signifies every- 
thing celestial. Also it has a religious im- 
port. It focuses a wide range of ideas. 

In the same way the Christian cross has 

[15] 



come to have a tremendous significance. 
Originally it was the emblem of **the great 
death/' Through use it came to stand for 
all that Christianity means. Today it is 
particularly the emblem of the Catholic 
church. With the usual sagacity which 
this "greatest of all business organizations'* 
evidences in its undertakings, the symbol 
has been put to the best possible use. The 
activities of the entire system center around 
it. It tops every church edifice and holds 
the prominent place in every service. It is 
more heavily loaded with associations than 
any other symbol conceived by man. 

And for this purpose no word or collec- 
tion of words would have answered — for 
words are too complicated in form and too 
definite in significance. Only a simple form, 
distinct from all other forms, would have 
sufficed to merge so many meanings. 

If we think about the matter at all we 
must see that symbols have multiplied in 
number for the reason that by their use 

[ 16] 



men have been enabled to bring together 
and reduce to concrete forms great varieties 
of ideas, thereby wonderfully simplifying 
and strengthening their means of communi- 
cation. 

And we are beginning to make effective 
use of symbols in the business of today, for 
we are beginning to see that they are the 
simplest and most forceful means by which 
an association of ideas can be presented to 
the public mind — and kept there. 



§4 

In a rude hut a naked potter sat at his 
wheel turning into shape a pot of unusual 
proportions. The muddy nearby Nile 
flowed sluggishly under a low clay bank on 
which an indolent crocodile basked in the 
glaring sun of a day that is now ten 
thousand years past. 

A shaggy, big muscled man was the 

[17] 



potter. In his youth he had been a hunter 
and fisherman, and at odd times had made 
queer-shaped clay vessels for his own use. 
But one day he discovered a flat pivoted 
stone which he could revolve with his knees 
and on which he could easily mold pieces 
of clay into unique and accurate forms. 

The vessels which he made by this new 
method were the envy of his neighbors, for 
they could not make vessels like them. 

And it happened that upon a fortimate 
day someone offered to exchange an old 
pot filled with fish for one of these new 
creations. Another gave a great piece of 
buffalo meat, and still another a measure of 
wild rice for the coveted vessel. 

As it was more agreeable to make pots 
than it was to hunt and fish, pots he made, 
pots for others, who secured his food for 
him — and commerce was bom. 

Specialization began with a piece of clay. 

This rude stone wheel was the world's 
first mechanical invention. 

[18] 



But as there were no patent laws in 
those dim and distant days the ingenious 
potter was not protected in his monopoly. 
After a time other pivoted stones were 
found. And other ambitious men, who 
would share his prosperity, set to work to 
make pots. Soon there were more pots 
than were needed and some of the potters 
had to go back to the hunt. But the in- 
ventor of the process, because of his longer 
experience and greater skill, still main- 
tained himself by his wheel and continued 
to improve his methods and his wares. 

And now he was making the greatest pot 
the world had yet seen. It was to be al- 
most large enough to hold a man. And it 
should be the finest pot too — smooth and 
thin and strong and of just the right pro- 
portions. It was to be the crowning glory 
of his life. 

But how were people to know that he 
had made it? He would not have it con- 
fused with the ugly unfinished things other 

[ 19] 



potters were making. It was good that he 
should let the whole world know that he 
was proud of his handiwork. 

And it happened that as he was finishing 
the vessel an inspiration came to him. He 
would put a mark upon its base, a mark 
that would distinguish it as his very own. 
There were no such things as signatures 
then. Letters had not yet been invented. 
But a mark a man might have, and this he 
would put upon all his vessels in the future 
as an identification, before he would let 
them go from his hand. 

And this he did — and thus was the trade- 
mark brought into the world. 

An imaginary origin, you will say. But 
it probably holds as much of the truth as 
many of the accepted tales of history. 



[20] 




4000 B. C. y^'^Vv^ Chinese 




The trademark is probably older than 
any written language. It undoubtedly had 
its inception in the very beginnings of 
trade, even before picture writing had come 
into use. 

As it is probable that weapons were the 
first things manufactured by man, it is con- 
ceivable that some early genius who had the 
faculty of making better clubs than his 
fellows, and who had formed the habit of 
scratching his identification mark upon 
them, gradually began to make clubs for 
others, and continued the mark as evidence 
of his manufacture. 

Or it may be that a clay molded vessel 
bore the first trade emblem. 

This much is certain however — trade- 
marks were in use more than four thousand 
years ago, 

[21] 



A recent long and careful search was 
rewarded by the discovery of what is prob- 
ably the oldest trademark now in existence. 
It is an incomplete and irregular triangle — 
and it was stamped upon the bottom of a 
piece of pottery which was manufactured 
in Egypt more than two thousand years 
before Christ. A fragment of this ware is 
now in the British Museum. 

There is a probability that marks of 
the kind were in use in the far east even 
before that far-away time. Chinese pottery 
of the earliest period bears a maker's or a 
guild's stamp which evidently was then of 
great antiquity. 

Although the present search has pains- 
takingly covered many fields, it may be 
that older emblems, which may properly be 
classified as trademarks, are yet to be dis- 
covered. And it may be that these will 
be but developments of a long and numer- 
ous series of similar emblems of still more 
ancient times. 

[22 ] 



§6 



Rd 



Russian f .jfcJC^ ^ Adapted 




In a recent year there came to us out of 
Russia a unique **omen of good luck" 
which soon came to be popularly known as 
the "swastika/* It was an arrangement 
of one of the oldest symbols, probably of 
Aryan origin. In many different forms and 
at many different times it has had super- 
stitious, religious, medical or commercial 
significance. Through the centuries it has 
experienced many "revivals*' — and each 
revival has brought to it different or entirely 
new meanings. 

The swastika is but one of thousands of 
symbols which have played a part — ^and 
sometimes a vitally important part — in the 
religious and secular life of all ages. Two 
of its forms are here shown. 

The flags of the nations; the heraldic 
devices; the seals of government; the em- 

[23] 



blems of fraternities; all are expressions of 
this same spirit. 

Were it possible to permanently remove 
every established symbol from the world 
we should still go our daily rounds; but the 
going would be slow and tedious, for our 
methods of communication would be clumsy 
and laborious. 



§7 



^ 



Class ^^ ^ Shop 




Symbols have occupied a more impor- 
tant place in the lives of the Chinese and 
Japanese than they ever have in ours. 
Things have not been so strenuously com- 
plicated over on that side of the world; 
there has been less hurry there and in many 
ways a great deal more thoroughness. The 
simpler life has enabled the oriental mind 

[24 ] 



to comprehend many things with surprising 
directness and clearness. 

The inability of the westerner to under- 
stand the yellow man who lives across the 
great sea is largely due to his ignorance of 
the symbols and symbolism of the east. It 
is part and parcel of the life there. It can't 
be gotten away from. And in trade the 
oriental has made surprisingly effective use 
of significant emblems. 

So great has been the skill with which 
the trademark idea has been made to serve 
in Japan that, large classes of men of that 
country are delighted to wear, as a decora- 
tion of distinction, the trademark of an 
exclusive maker — embroidered upon the 
backs of their garments. 

Also, in the harmonious and attractive 
arrangement of commercial designs the 
oriental has much to teach the progressive 
westerner. 



[25] 




= clru^ sl'ore 



I 



doll 



ars 





peace 



i^rUniled SWes 




wisdoms 



literature 



\.y II love Kj z= barber shop 

ZlA I Zl\ = msKce T , llberfy- 




'C\? — 



masonry 








zz friendship 
= pa\vnep 
zz TurkeY 



I- 



lab 



or» 




= railroad 

_ medical 
"■ prescriphort 

= Chnshanit^ 



cipar store 



=DulckQeanser 



SYMBOLS -THOUSANDS OF THEM SERVE IN EVERY DAY 
AFFAIRS AS MEANS OF SUGGESTING "MUCH IN LITTLE" 



§8 



i 



Celestial ^ -^ Adapted 




Upon a cloth of purple and gold a king 
paced at midnight before his tent. A great 
battle was to be fought, upon the issue of 
which hung the destinies of nations. To 
his new found deity the anxious king prayed 
fervently for a sign that would justify his 
faith and assure victory. At last as the 
dawn was breaking over the low hills the 
heavy clouds parted, and emblazoned upon 
the blue beyond, in lines of lurid fire, was a 
curious device made up of two ancient 
Greek symbols. It was the sign he had 
prayed for. And on that day the first 
Christian emperor overcame his foe Max- 
entius — and established in the world a new 
religion. 

And this celestial sign the great Con- 
stantine adopted as his signet. It was his 
*'mark of fortune.'' He engraved it upon 

[27] 



his coins. It figured on his labarum and 
on his banners it led his hosts to battle. 
Where it was, there his soldiers rallied. 
Around it his counselors gathered. It was 
the symbol of the nation. 

These now unbelievable tales of the 
supernatural origin of signs and symbols are 
numerous in history. But they once served 
the purpose of establishing the authority of 
the emblem. And they now serve to show 
how deeply the symbolizing instinct is 
rooted in the human consciousness. 

Also to this celestial sign of Constan- 
tine's the National Biscuit Company of 
New York and everywhere, owes its dis- 
tinctive trademark, for their well known 
device is an adaptation of the earlier one 
and has come down to us through the first 
published commentaries of Caesar, the 
books of Jenson and Elbert Hubbard's limp- 
leather creations. 



[28 ] 



§9 



\ 



3 C EP 



"P* "s«"" l ^l'TALY^ 



Watermark 



The old paper makers were probably 
the first manufacturers to use the trade- 
mark in its modern sense. They early dis- 
covered that by the manipulation of their 
screens they could produce within the paper 
itself permanent identification marks which 
would in no way interfere with the useful- 
ness of the product. At as early a time as 
the fifteenth century paper makers were 
identifying and advertising their products 
by means of watermarks. 

In fact some of our standard-size papers 
of today are called by the name of the 
watermarks originally used in their manu- 
facture. A fooFs cap was employed as an 
emblem by a maker of that size sheet. A 
crown marked the old " royal.'* 

At this time Flemish and English crafts- 
men were also carving their *' signs*' upon 

[29] 



the splendid furniture and utensils they 
were making. They were proud of their 
good work and would not part with any of 
it until it bore something which in effect 
said: "/ built this chair. It is a strong, 
well-made chair — and a thing of beauty as 
well. I did my best with it. If you want 
another as good, come to my shop. {Signed) 
John Smith.'' 

That was the significance of the ** signs" 
which these master-craftsmen engraved 
upon their unmatched handiwork. 

And manufacturers of all sorts of com- 
modities, since that early time, have, with 
some degree of persistency, used trade- 
marks upon their wares. If this has been 
done much as sheep follow a leader, there 
has been at least some vague comprehen- 
sion of trademark possibilities in the doing. 

And let it be remarked in passing that, 
as applied to the product, the trademark 
idea has perhaps been carried to its greatest 
extreme by American manufacturers of 

[30] 



stoves. If the trademark is a good thing, 
they seemingly have reasoned, it is a good 
thing to use generously and often — and they 
have plastered it upon their products at 
every available point. The child who, of 
an icy morning, dresses by the family 
stove, is never left in doubt as to the name 
of the maker or the place of the making of 
the cheering burner that gives him friendly 
warmth. 



§10 





Hall-marks! 

"Why, that man's character carries the 
stamp of the hall-mark." 

What greater praise can be given one? 
"The hall-mark of the gentleman.'' True 
aristocracy that. It suggests tested sub- 

[31] 



stantiality and rare distinction. The hall- 
mark is the stamp of purity. 

Just as Gibraltar symbolizes strength, 
so does the hall-mark symbolize genuine- 
ness. Both are idioms fixed in the lan- 
guage. 

At the goldsmith's hall in London, 
precious metals are brought to be tested 
for their purity. If they measure up to a 
high standard, they receive the halFs 
stamp. 

For centuries so thoroughly and honestly 
has this testing been done, that the stamp 
of the goldsmith's guild has come to signify 
the highest sort of genuineness throughout 
all English speaking countries. 

When some manufacturer gives to his 
trademark like significance, trademark 
power will have developed something like 
hundred percent efficiency. 



[ 32 ] 



§11 




In a narrow frame of unfinished redwood 
which hangs in a clear space against a dull 
blue wall is a small brown print showing an 
open doorway in which sits a barefoot 
youth; beyond there appears a little garden 
shadowed by the high wall of an old stone 
house. Just as a spot of warm color the 
framed print has rare charm. But 
through the battered doorway of the picture 
itself ventures the imagination into the 
fragrance and restfulness of the inviting 
garden and the quaint old house — ^making 
the allurement complete. It is one of the 
most exquisite etchings in all the world. 

Quite outside the picture and just at 
its lower margin is a faint and curious scroll 
done in pencil, which on close examination 
resolves itself into the semblance of a 
butterfly. 

[33] 



Yes, that it is — Whistler's butterfly. 
On the few choice impressions, those that he 
loved best, it is drawn. It did not appear 
on every print which he *' pulled*' from his 
amazing plates. Just those which were to 
his particular delight received this mark of 
his approval. 

In this manner did the greatest of all 
American artists — ^who also manifested a 
peculiarly American business instinct, and 
was in no mean measure a pioneer adver- 
tiser of the better sort — in this manner did 
he make effective use of the trademark 
idea. 

A conspicuous recognition was also given 
the concept in America by an artist of 
distinction in letters. When the brilliant 
and decadent Oscar Wilde lectured on this 
side the Atlantic he wore on the lapel of 
his coat a gorgeous American sunflower. 
He never appeared without one. He gave 
the flower a vogue. And something like 
a sensation it created. To all America it 

[34] 



was the Wilde emblem— and it was a big 
factor in increasing his fame here. 

These are but two of the many con- 
spicuous expressions which art has given to 
the trademark idea. 



§12 

Thus far the point of the story is that 
the trademark has buried itself deep in the 
affairs of all races because it is a natural 
and sound expression of a fundamental thing 
within man*s inner self. 

Man has made one thing stand for and 
interpret an association of things and ideas 
and emotions since the beginning of time 
— ^and will to the end of time. 

By that means he economizes his 
energies and makes easier the labor of his 
thinking. He is ever resentful toward that 
which requires unnecessary expenditure of 

[35] 



energy — and he is quickly appreciative of 
that which minimizes such expenditures. 

Symbols which have been more compli- 
cated than the idea they represent have 
always been rejected. Those that have 
long survived have been both simple and 
suggestive. By the elimination of the 
superfluities strength is gained. To reduce 
things to their simplest forms, that they 
may be with the least trouble compre- 
hended, is the constant effort of aspiring 
man. 

In his endeavor to find the easiest pos- 
sible way for suggesting an association of 
ideas man invented the symbol. And as 
he is fundamentally economical he will ever 
continue to refine and amplify the symbol 
for the advancement of his own selfish 
interests. 

The trademark is a means by which 
trade complexities are simplified. It is a 
means of conserving energy. And as such it 
is an economical factor of no small import. 

[36] 



The more man develops the more uses 
he finds for symbols. 

The trademark idea is in the very life- 
blood of the races. And it forms a sound 
basis on which to build. 



§13 

Practically no manufacturer nowadays 
sends out his wares without some kind of an 
identification upon them or upon the wrap- 
pings in which they are sold. It may be 
that only the name and address of the 
maker, in ordinary letters, are placed upon 
them. Or it may be that a carefully thought 
out trademark is imprinted conspicuously 
upon both the merchandise and the con- 
tainer. 

This universal practice establishes the 
fact that it is deemed commercially unwise 
for a producer to send out his wares without 
a means by which they may be traced back 
to their source. 

[37] 



Not alone is it the maker's pride in 
having made a good article that prompts 
him to label his wares. The consumer must 
identify his product. It must be protected 
against substitutes. And he wants re-orders. 
He wants to establish his product so that it 
will be bought by many and often. There- 
fore, as an evidence to the buyer that he is 
the responsible maker, and as an invitation 
for future trade, he stamps his goods with 
his mark. 

The manner in which this marking is 
done is important — and it is getting to be 
more and more important as business 
advances in efficiency. If it is unthink- 
ingly and crudely done a big and direct 
advantage is lost. If it is intelligently and 
carefully done a substantial and growing 
asset is gained. 



[38] 



§14 

Before the development of modem ad- 
vertising there were many good and appar- 
ent reasons why commodities should have 
been put out under well-designed trade- 
marks. 

But now, when, by these new found 
powers of advertising greater businesses 
than industry had ever dreamed of are being 
built up, the good and apparent reasons are 
multiplied by a large figure. 

Under the old system the consimier 
came into more or less intimate contact 
with the producer. Now the two are 
usually far removed, both by distances and 
conditions. And the contact is established 
and maintained by the means of printed 
matter. 

In the old days the package itself was 
practically the only bid for orders made by 
the manufacturer. Now he multiplies these 
bids a thousand fold through the public 
prints. 

[39] 



Much as a man is known by his personal 
appearance so is a product known by the 
appearance of that which stands for it in 
print. 

Today a well advertised commodity is 
an old friend, while a non-advertised com- 
modity is a stranger and has the stranger's 
handicap to overcome in gaining confidence. 

And it is therefore immensely important 
that that which personifies the product to 
the great public should be conceived and 
executed so that it will perform its work 
with at least an adequate efficiency. 

If the public eye is not given some 
picture that distinctly separates the prod- 
uct from all others of its kind nothing like 
adequate efficiency in this direction can be 
attained. 

Of trademarks there are many. But 
there are few that measure up to the re- 
quirements placed upon them by conditions 
as they are today or as they will be to- 
morrow. 

[40] 



§15 

** Willie! Willie!! Put away that book 
this minute. I want you to go straight to 
the store and get a box of crackers. And 
hurry too, for dinner is waiting.'* 

Willie reluctantly dropped the latest 
volume of the Jack Hazard stories and with 
heavy feet slouched out of the door. It 
was a long hard trip to the grocery — almost 
two squares away — and the enthralling 
story might vanish in his absence. 

From a convenient shelf the crotchety 
grocer handed Willie a large pasteboard 
box on which was pasted an ugly white label 
bearing the words ** Sears Best Crackers.'' 
Willie knew the box well, as he knew from 
careful study most of the things in the 
grocer's stock. And, oh, how he loathed it. 
There was always a box of crackers to get 
just as Jack was about to pile a great heap 
of scathing scorn upon the villian's care- 
fully pomaded head. 

[41 ] 



It was long ago that Willie made this 
reluctant trip to the grocery, even before 
the invention of the delivery system — and 
of modem advertising. 

And — the reiteration adds the emphasis 
— the shelves of the shopkeepers were 
then practically the only advertising me- 
diums of the producers. Their goods were 
displayed there, and scarcely nowhere else 
did "new trade'' get into touch with them. 

But today, by means of the printed 
advertisement the producer makes all the 
world familiar with his wares. He may 
if he chooses spread broadcast, pictures of 
his products, together with reasons why 
they should be bought. 

But yards of cloth, boxes of crackers, 
matches, shoes, suits of clothing, auto- 
mobiles and flying-machines all look pretty 
much like others of their kind, especially to 
the uninitiated. Pictures of the product 
hardly serve well the purpose of separating 
it from other similar products. 

[42] 



The manufacturer who is to be successful 
under the new order must do everything in 
his power to distinguish his goods from all 
goods of the kind. To make his stand out 
from the rest is one of the big problems 
which he has to solve. 

The shopkeeper's shelves are now over- 
crowded with competing articles from all 
parts of the world. The times have 
changed. 

Every feasible and reasonable means for 
giving his product distinction must be made 
use of by the producer who is to win in the 
new competition. 

The old, un-distinctive white labels and 
the methods which gave them birth can't 
compete in the new order. 

§16 

The word trademark has been used to 
describe a multitude of things. Even in 
the courts of law it has been indiscrimin- 

[43] 



ately employed. Included within its mean- 
ing have been pictures, diagrams, initials, 
names, sentences, figures, faces, signatures, 
styles of lettering, and a wide variety of 
devices. 

Yet the word is an excellent one. It 
exactly describes the function — a mark used 
in trade. 

But not all of these things can be inter- 
preted as marks. It will lead to clearer 
thinking if they are divided as follows: 
1 — Trade-marks 
2 — ^Trade-names 
3 — Trade-phrases 

There is in actuality sharp distinction 
between these different classes. It is evi- 
dence of the rather loose thinking which has 
generally characterized the consideration of 
this important subject that the divisions 
were not made long ago and the lines of 
demarcation between them clearly drawn. 

The trademark is a device, a unit, and 
has a shape independent of its lettering. 

[44] 



It may be a picture, a figure, or an arbi- 
trary form containing letters. 

The trade-name may or may not be in 
a distinctive style of lettering. 

The trade-phrasey or slogan, is a pertinent 
expression that may appear by itself, or 
with the trade-name, or it may form an 
integral part of the trademark. 

The trade-name is the obvious and easy 
expression of the idea. It follows the 
method that would naturally be used by the 
least intelligent tradesman. At best it 
develops but a fraction of the benefit that 
can be gained from the idea. But through 
standardization it does sometimes become 
a fairly efficient emblem. 

The trademark at its best makes full use 
of a fundamental and vital force and is the 
highest expression of the idea. 



[45] 



§17 






If someone should ask you to let your 
mind dwell for a moment upon the abstract 
subject of lawn-mowers, you could un- 
doubtedly bring up in your mind a fairly 
vivid picture of a lawn-mower as you had 
seen it in a hardware store or upon a lawn. 

If you should then be asked to think 
about *' Lowell lawn-mowers" not a great 
deal would be added to the picture. You 
might try to imagine what the name Lowell 
would look like, and wonder on what part 
of the tool it might appear. 

But if you should be asked to think 
about "Keen Kutter lawn-mowers'' you 
imdoubtedly would have a more or less 
vivid impression of a wedge-shaped shield 
bearing the words **Keen Kutter*' in angu- 
lar letters. And by the mental picture of 

[46] 



that device you would separate Keen Kutter 
lawn-mowers from all others. 

The words *' Snider 's Catsup" may- 
present to your mind a vivid picture of a 
tall bottle of thick red liquid. But the 
words "Jones' Catsup'* would present 
practically the same picture. 

However, it is probable that the words 
"Heinz Ketchup" first present to your 
mind a picture of a pickle, with a more or 
less vague impression that has something to 
do with "fifty-seven varieties." Had the 
pickle been presented to your mind in a 
more forceful manner, the association would 
then have been more vivid. But linked in- 
separably with the Heinz product is the 
pickle — ^and by that means it is distinctly 
separated from all like products. 

Other people may have exact mental 
pictures of the class of things which you 
manufacture, but they will not separate 
yours from others if you give them no image 
to help in distinguishing it. 

[47] 



§18 

The Standard Oil Company! What 
does it suggest to you? To your mind's 
eye what picture does it present? 

Is it a tank car? a kerosene can? the 
face of the world's richest man? a striped- 
vested politician? the derrick of an oil well? 
that awful monster called ** monopoly '7 
a Baptist church? or a bag of money? 

Some picture it must present — for to 
think of it at all you must form some sort 
of mental concept of it. 

The chances are that the picture which 
is presented to your mind by the mention 
of this company is a mixed, vague and un- 
certain thing — a sort of Cubist scramble. 

But — suppose the Standard Oil Com- 
pany had given you a ready-made picture 
or device to focus upon. 

Suppose it had presented that picture or 
device to your eye in an attractive way a 
great many thousand times over a period 
of many years. 

[48] 



What then would be the result? 

Surely, you would now have had a very 
definite and clear-cut mental picture, that 
would stand for and suggest to you this 
great institution. 

And the meaning the picture would have 
for you would depend upon what meaning 
had been put into it. 

Also, it is apparent that, in a large 
measure, that meaning would be determined 
and controlled by the company. 



§19 




^^ 



^'y/'^ 
';%-/ 



//////^ 




In his last published essay Mark Twain 
tells of being in a great quandary. He had 
lost the notes of the lecture he was about 
to deliver. He was far from home and 
there was no time for rewriting them. 

[49] 



In desperation he took a strip of paper 
and drew thereon a series of simple pictures 
which illustrated crudely the different 
points of his talk in their logical order. 
And from this strip he delivered a lecture 
of two hours duration. 

The plan worked so well that for future 
lectures he drew his crude illustrations in 
sequence, and then redrew them again and 
again, until he had them indelibly fixed in 
his mind. 

Let Mark speak for himself. He refers 
to the three pictures shown here, which 
made the beginning of a series. 

"The first one is a haystack,** he says, 
** below it a rattlesnake — and it told me 
where to begin to talk ranch-life in Carson 
Valley. 

"The second one told me where to begin 
to talk about a strange and violent wind 
that used to burst upon Carson City from 
the Sierra Nevadas every afternoon at two 
o'clock and try to blow the town away. 

[50] 



"The third picture as you easily perceive 
is lightning; its duty was to remind me when 
it was time to begin to talk about San 
Francisco weather, where there is no light- 
ning — ^nor thunder either — and it never 
failed me." 

Mark wasn't an artist, but he scratched 
the pictures down as best he could. And 
with them fixed in his mind he delivered his 
lengthy discourses without notes of any 
kind. And people marveled at his wonder- 
ful memory. 

He had discovered that the mind nat- 
urally thinks in pictures — ^and that vivid 
impressions are most easily made by pic- 
tures or by picture-forms. 

He had discovered the secret of the 
trademark idea. 



[51] 



§20 

The absorbing scandal of yesterday is 
lost in the new sensation of today. The 
hurrying world easily forgets. To long 
keep anything conspicuously in the public 
mind is indeed a difficult undertaking. Re- 
move the picture and the impression 
vanishes. **Out of sight out of mind.*' 
The churchmen and the political leaders 
have to preach the old precepts over and 
over again at short intervals or they would 
soon be remembered no more. Men and 
commodities of yesterday disappear today 
and are forgotten tomorrow. It is a change- 
able and fickle world. 

Only those things which are constantly 
presented to the public mind remain there 
with any degree of clearness. 

And the things that make the deepest 
impression are those which are simplest in 
their arrangements and are brought to the 
attention the greatest number of times, 

[52] 



One has a vivid mental concept of a 
spoon, for it presents few complications and 
is seen often. But one has only a vague 
idea of a complicated typesetting machine 
which he rarely sees. 

It is easy to recall the few simple lines 
of **Mary had a little lamb.'* It is practic- 
ally impossible to restate an entire Brown- 
ing poem which one has read seldom and 
casually. 

Those things which reach the attention 
oftenest and are freest from complications 
are the things that make the deepest im- 
pressions. 

Let the producer try as he will, he will 
hardly succeed in getting implanted in the 
public consciousness a long and complicated 
series of impressions concerning any com- 
modity, in which the public really has only 
an incidental interest. 

As a means of focusing the general and 
pertinent impressions concerning a product, 
as a means of keeping it constantly and 

[53] 



favorably in the public attention, the trade- 
mark presents surprising possibilities to the 
manufacturer who would build soundly and 
well. 



§21 

Can you reconstruct in your mind's eye 
a picture of the wretch who shot William 
McKinley? It is hardly possible. Yet 
undoubtedly it was vividly impressed there, 
for a day or two at least, and that not so 
very long ago. 

Can you recall what a package of 
"Pearline" looks like? Probably not. 
Yet it was the most widely advertised com- 
modity of its day and was practically the 
only product of its kind then in general use. 

Can you form any sort of a conception 
of ** Leviathan and Anaconda Belts" that 
will separate them from other kinds of 
belts? The chances are that you can't. 

[54] 



Yet these particular commodities have been 
called to your attention by great and costly 
and elaborately complicated advertisements 
in the very recent magazines. 

Your ability to revive an image in your 
mind depends upon — 

First — ^The concentration which 
you give to the original experience. 
Second — Its freedom from com- 
plications. 

Third — ^The number of times it 
is brought to your attention. 

Fourth — ^The interest it holds for 
you. 

Fifth — ^The time that elapses 
after it reaches your attention. 
It is because the right kind of a trade- 
mark simply and economically satisfies all 
of these requirements as a means of making 
and reviving impressions that it must, with 
right use, become a tremendous power in 
commercial development. 

[55] 



§22 

Suppose you were suddenly placed in a 
position where you would be compelled to 
draw from memory an exact picture of a 
locomotive — could you do it? 

You might draw an exact picture of a 
telegraph pole, or even a two-story house. 
But in spite of the fact that you have seen 
thousands of locomotives, the chances are 
that you couldn't draw accurately a picture 
of one to save your life. 

You may easily remember what a tele- 
graph pole looks like — because it is simple 
in form. But an engine is complicated, and 
only a familiarity with all of its many details 
— a familiarity that would come from long 
and intimate association with it — would 
enable you to draw it from memory. 

It is difficult enough to get even simple 
forms and ideas fixed in the mind. They 
must be forcefully presented and many 
times repeated if they are to leave any 
lasting impression there. 

[56] 



But it is tremendously more difficult to 
get complicated forms and ideas fixed in 
the mind. And every new complication 
adds to the difficulty. 

A complicated trademark, like a con- 
fused advertisement, defeats the very pur- 
pose for which it is intended. 

A good trademark, many times presented 
to the overworked public eye, must in time 
leave a telling impression there. 



§23 

There seems to be no limit to what 
some people^s mouths can take in. 

But there is a limit to what their eyes 
can hold. 

Not one-tenth of one percent, of the 
infinite number of things that pass before 
your eyes today leave any impression there 
— any impression whatever. And only a 
small part of that number has held your 

[57] 



interest. Fewer still are the things your 
memory will retain till tomorrow — or next 
year. 

Present conditions put a great tax upon 
the eyes — and the retentive faculties. One 
looks at many things, but sees few. All 
objects of a kind are quickly and automat- 
ically assigned to their respective classes. 
There must be something strikingly dis- 
tinctive about a street car, for instance, if 
it is to get particular notice. 

Let it be said here again that the pro- 
ducer who is reaching out for public 
attention for his product — if he is to 
survive in the new competition — cannot 
neglect any feasible and practical means by 
which his product may be, in the public 
eye, separated from all competing products. 



[58] 



§24 

In the laborious and lengthy shoptalks, 
tiresome descriptions and argumentative 
dissertations, done in uninviting arrange- 
ments of closely packed and ugly types, 
with which many manufacturers crowd 
their advertising matter, one object only 
is looked for. 

They seek to convince. 

But they do little or nothing to impress. 

They put the cart before the horse — 
and as a consequence they get but a small 
part of the motive power to which they are 
entitled. 

If one is not impressed one is not easily 
convinced. 

Yet one may be convinced by an im- 
pression only. In fact, one buys a thing 
because he has impressions concerning it. 
He rarely has convictions about it. 

Form has to do with the making of 
impressions. Matter has to do with the 
making of convictions. 

[59] 



If the form of the printed matter (which 
is the seller's ambassador to the public) is 
complicated, confused and uninviting, its 
impressiveness is nullified and its power to 
convince is lessened, even though the mat- 
ter itself be loaded with conviction. 

To impress as many prospective buyers 
as possible is the first task of those who have 
things for sale. 

Because the trademark lends itself so 
well to the working out of just this purpose 
it becomes the logical tool for the work. 



§25 

A boy was trying to drive a short length 
of a square timber into hard ground. 

"Why don't you sharpen it at one end?" 
asked a kindly gentleman. "In that way 
you center all the force of your pounding on 
one spot and the piece will go in easily." 

The boy did as he was told and found 

[60] 



that one stroke then sent the stick further 
into the ground than ten had done before. 

A manufacturer was trying to pound 
into the minds of the buying public all of 
the conceivable truths concerning his prod- 
uct. And to that end he used a great 
variety of illustrations and clever arguments 
without number — most of which applied 
with equal force to competitive products, 

" But why don't you center your effort? " 
finally his keener-self queried. ** There is 
only one point to every properly made 
stake. One can't split cordwood with a 
curry-comb. Put the force of your pound- 
ing on the one right spot. Center your 
effort and you 11 find the driving easier.*' 

Behind a carefully devised trademark he 
then focused his selling endeavor and there- 
by he at last succeeded in getting the one 
all-important point concerning his product 
driven deep into that hard and resisting 
substance, which for lack of a better 
name we call "public consciousness.'* 

[61] 



§26 

One knows a horse by its shape. He 
distinguishes it from a cow, not by its 
colors, but by its form. There are white 
horses, red horses, black horses. But at 
a distance they are all the same shade. 

Color is of secondary importance in 
distinguishing things. 

By their shapes are objects recognized 
— separated from one another. 

Always do we associate forms with 
things. We can't think of an object with- 
out thinking of its form, although we can 
picture it in any color we choose. 

But— 

On a certain table rest ten cylindrical 
tin cans containing soups, all of different 
brands, yet all practically of the same size 
and shape, closely resembling each other 
except in so far as their labels are 
concerned. 

Down the street there pass ten auto- 
mobiles, all of different makes, but to the 

[ 62 ] 



average man as closely resembling each 
other as ten horses do. 

There is no distinction in the shape that 
stands for the entire class. All objects of a 
kind look pretty much alike. 

Distinction is best secured by associating 
with the individual products of the class 
some "different" shape that will separate 
it from the rest. Color alone never 
suffices. 

To get this association established be- 
tween a product and an arbitrary shape is 
a consummate accomplishment in merchan- 
dising. 

A product is known by the trademark 
it keeps. 



§27 

Good wine grows in value as it grows 
old, but in no such marvelous proportions 
as a good trademark does. 

[63] 



The apparent thing about a good trade- 
mark is that it gains strength as it 
gains age. 

A wise man would pay more for the 
Baker chocolate trademark than for all the 
other assets of Walter Baker & Company 
combined and multiplied by two. 

There are any number of trademarks 
that could not be bought for millions. As 
emblems of the good-will of the business 
they have a tangible cash value often out- 
ranking all the other holdings of the insti- 
tutions they represent. 

But they did not gain their great worth 
in twenty-four hours. They have accumu- 
lated it. They have earned it. The power 
they represent today is the result of the 
power that has been put into them. 

And be it noted that a good trademark 
accumulates power faster than a poor one. 
It would have taken Dutch Cleanser infi- 
nitely longer to have acquired the position 
it holds today had a letter-filled circle, or a 

[64] 



mere name, been used instead of the sun- 
bonneted and symbolical figure. 

What then shall we say of the manu- 
facturer who deliberately fails to build up 
this asset? 

Is it not likely that there will come a 
time when he will be looked upon as a man 
blind to big and apparent opportunities? 



§28 

"Oh, daddy,'' cried an automobilist's 
enthusiastic son, "we have passed four 
Hudsons in the last block." 

"How do you know they were Hudsons, 
laddie?" asked the father. 

"That's easy. No matter how quickly 
they go by I can always tell them by that 
funny little three cornered thing that is 
always on the front of the radiator. I know 
it because it's always in their ads too. It's 
a dandy little way of spotting them, daddy." 

[65] 



Connecting the advertising with the 
merchandise by means of a name alone is 
an ineffective way of accomplishing an 
important task. 

// is because the trademark offers a truly 
scientific means of effectively linking the 
advertising to the merchandise that it ranks 
among the increasingly important factors in 
trade expansion. 



§29 

"Oh it's sixty-one steps from the Little Blue Hen, 
To the Sign of the Pot and the Spoon, 

Yet the House of the Skillet is halfway there, 
Where they drink by the light o' the moon; 

Hiegh-ho! 
Where they dance by the light o' the moon." 

Pictures talk every language. They 
speak the universal tongue. To the simple 
mind they tell their story just as they do 
to the cultivated intellect. People who 
can't read words can read pictures. The 
tavern and shop signs of old England guided 

[66] 



the learned and the unlearned alike — ^and 
the children knew them unmistakably. 

The well executed trademark is but a 
higher expression of the same idea. It talks 
all languages — and to all sorts of people. 



§30 

Someone will read these pages as he sits 
at a great desk in a busy oflSce. It may 
be that it is a handsome desk, of which 
he is not only a little proud but also justly 
fond. It occupies an important place in his 
life. In a sense it is a part of him. It is 
a necessary tool in his working equipment. 
And quite apart from the service it renders 
him it may bring delight by its genuineness, 
its elegance of finish and design. If he 
thinks about the matter at all he may find 
that he has for it a real feeling of fellowship. 

Yet, the chances are that he knows 
nothing of its history. He probably hasn't 

[67] 



the slightest idea where it came from. 
Its origin is lost in mystery. There is 
no way by which he may find out who 
made it. Perhaps it occurs to him that he 
wouldn't accept a friend on the same terms. 
But certain it is that he would find the 
desk more companionable — and he would 
be surer of its values — if he knew all about 
its sources. 

The consumer has the right to know 
who makes the things he buys. 




ROUND TRADEMARKS ARE AS NUMEROUS AS CART-WHEELS 

AND QUITE AS LACKING IN DISTINCTION. A FEW 

SELECTED FROM THE MANY THOUSANDS 



[68] 



And what of the manufacturer who sends 
out his wares unidentified and unmarked? 
Where is the pride in his craftsmanship 
then? The man who shirks responsibility 
will shirk his work. The making of a 
worthy thing involves something more than 
the making of money. There is a question 
of common honesty involved here. Also a 
question of real business foresight. 

The trademark is a moral factor. 



§31 

What the shamrock is to Ireland that 
the trademark is to the maker of a praise- 
worthy product. 

It is something to arouse one's loyalty — 
concerning which one may have an honest 
emotion. Proud one may be of his native 
land, and tenderly he may cherish its mem- 
ory. But should he not be also proud of 
the good work by which he lives? And 

[69] 



does not the emblem of that worthy en- 
deavor deserve his cherishing? 

We will have better business when we 
have in it better balance between things of 
the heart and things of the head. 

A good trademark is something to be 
loyal to. 



§32 

The question "What constitutes a good 
trademark?*' will receive as many right 
answers as there are conscientious students 
of the subject. 

One might reply by answering with the 
question "What makes a great play — or 
poem — or picture — or building — or dinner ? ** 

An infinite number of conditions enter 
into the matter. And they are determined 
by the circumstances of each individual 
undertaking. To limit the work of con- 
struction by setting down any fixed rules 
would lead to absurdities. 

[70] 



There are however certain more or less 
obvious things which may well be avoided. 
Here are some of them: 

First — Common and familiar forms do 
not usually make good trademarks, for 
they lack distinction. The circle, the 
square, the crescent, the star, the diamond, 
the heart, the oval, the shield, the cross, 
all have long ago been usurped and are 
burdened with significances. 

Second — If one is anxious to acquire 
legal title to a trademark he will not have 
it resemble any other trademark, nor will 
he put in it any descriptive phrase or name. 

Third — ^Flags and emblems of all nations, 
the established devices of societies, associa- 
tions and institutions should be avoided as 
not legally usable or protectable. 

Fourth — Complicated and confused pic- 
tures or devices do not make good trade- 
marks, because they cannot be seen and 
comprehended at a glance. As they lack 
simplicity they lack strength. 

[71] 



Fijth — ^A good trademark will not de- 
pend upon any color arrangement for its 
effect, as it will undoubtedly be necessary 
to reproduce it in many places where color 
cannot be used. 

Sixth — It is advisable to avoid designs 
that are higher than they are wide. A 
"tair* trademark is often difficult to fit into 
attractive and harmonious layouts. 

Seventh — ^A trademark should be capable 
of reproduction by all engraving processes, 
by zincs, half-tones, and the different off- 
set and lithographic methods, that it may 
be well printed on all kinds of paper and 
other printable materials. 

Eighth — If the trademark is not as 
simple as it can be made, and carefully 
proportioned in all its parts, it may be 
found impossible to reduce it to small sizes 
without losing the design, or to increase it 
to large sizes without rendering it ugly. 

Ninth — Care should be taken to evolve 
a design that will not print too black or too 

[72] 



light, for undoubtedly it will be used with 
many styles of lettering and kinds of type 
faces. 

Tenth — Designs that have only a tem- 
porary significance should be discarded. 
They may be meaningless, absurd or quite 
impossible of use tomorrow. 

Eleventh — ^That which is vulgar, repulsive 
or ugly will never make a good trademark. 
Also one should be extremely cautious in 
the use of comic motifs. 

Twelfth — It will save expense and 
trouble, and perhaps prevent disappoint- 
ment, if the work of designing the trade- 
mark is put into trained and understanding 
hands. It is work that can't be hurriedly 
done in an idle moment by one who has no 
conception of the importance of the task. 



[73] 




A FEW GOOD TRADEMARKS. HAVING DISTINCTION AND 

UNITY; POSSESSING CHARACTERISTICS WHICH ENABLE 

THEM TO BECOME EASILY FtXED IN THE MEMORY 



§33 

"We certainly are great believers in 
trademarks in our company," said an execu- 
tive at a recent luncheon. ** We work them 
to the limit. We have registered more than 
seventy of them. Every new line we get 
out has a new emblem all its own. A 
great idea — this trademark proposition. 
We have never neglected it.'* 

Yet in all the seventy there was not 
one trademark that had any real value 
—for no particular value had been put into 
any one of them. The effort of the company 
had been divided into seventy parts — 
and no one part had had force enough put 
behind it to make it worthy of its name. 

A good trademark does not stand for a 
product alone. It stands for the manufac- 
turer and all that is behind the manufacturer 
and the product. It is the emblem of all 
the factors that go to make the product 
what it is. 

[75] 



Could a nation have seventy flags and 
give to all of them worth-while significances? 

It is difficult to conceive how any one 
company can have more than one real 
trademark. For if the trademark is any- 
thing it is the company's stamp of approval, 
its guarantee of quality, and its value 
depends upon how generally it is recognized 
as such. 

Center the effort on one trademark and 
value is created; scatter it and value is dis- 
sipated. 

But perhaps the chief advantage which 
a carefully conceived trademark brings to 
many companies is that it may associate 
and unite many styles or lines under one 
emblem. It brings together diversified 
things in a way that nothing else does. It 
knits together unrelated lines into a com- 
pact unit. And it wonderfully simplifies 
the important matter of their exploitation. 

A confusion of thought leads to a multi- 
plicity of trademarks. 

[76] 



§34 

V r\T^ \V MARSHALL FffiLD 

K. (J JLl AlV. & COMPANY 

One arrangement of lines makes a word, 
that stands for an idea. 

Another arrangement of hnes makes 
a symbol, that stands for a product. 

But words alone do not make a trade- 
mark — except by the courtesy of a lax 
interpretation of the term. 

Letters themselves are but symbols of 
sounds. They are the most familiar sym- 
bols in all the world. The mind rapidly 
and automatically registers thousands of 
complicated combinations of them. In 
their most unique forms they present no 
new problem to the eye. They lack the 
imity and distinction which a good trade- 
mark must have. 

Had it been possible for a man to have 
acquired legal right to the exclusive use of 
the letter S (or any other letter for that 
matter) he would have had a trademark 

[77] 



worthy of the name. But the letter S alone 
or combined with other letters, is now 
utterly lacking in distinction. 

And words do not present unique 
shapes. 

Unusual words, which have no other 
association, can be given trademark value. 
The word "Kodak** has it in large measure. 
But had that word also been given an 
unusual form, that it might have been pre- 
sented to the eye as a unique design, its 
value certainly would have been greatly 
enhanced. 

Unusual lettering may help to separate 
words from the common class. But it does 
not carry the separation far enough. 

Were it possible to make and hold a 
style of lettering noticeably different from 
all others, the measure might suffice. But 
that is not possible. Other words may be 
made in any distinctive style of lettering 
and they may be used by others. The style 
cannot be protected. And too, it is now 

[ 78] 



quite impossible to originate a kind of letter- 
ing that is entirely new. 

Letters in any combination or style are 
too common and familiar for the making of 
a good trademark. 



§35 





An inventor made a wonderful machine. 
There has never been anything like it, and 
it served a new human need. But in order 
to sell it he had to advertise it extensively. 
And this he did by means of a striking 
picture of the mechanism itself. And in 
time this picture served as his trademark* 

But there came a day when it became 
necessary to redesign the machine, and in 
the redesigning its appearance was entirely 

[79] 



altered. Then the trademark, which he 
had used so long and which to the public 
had come to have a definite meaning, had 
to be changed — and thereby was much of 
its accumulated value lost. 

A once celebrated brand of ink came to 
be widely known by the peculiar texture 
and shape of the bottles in which it was 
sold. But when the price of these peculiar 
containers became prohibitive, they had to 
be discontinued, and a competitor absorbed 
the ruined business. 






A COMMON WAY TO USE A TRADE-NAME IS TO LETTER IT 

IN SCRIPT AND ADD A FLOURISH. YOU WILL THEN 

HAVE A DEVICE THAT WILL CLOSELY RESEMBLE 

THOUSANDS OF OTHERS- AND THAT WILL BE 

SERIOUSLY LACKING IN DISTINCTION 



[80] 



Smith & Jones made woolens in a 
thriving city. By efficient management 
they had built up a profitable business. 
But on an unfortunate day Smith died and 
one egotistical Wilson acquired his holdings. 
The personality of the new man was not 
to be smothered, so the name was changed 
— ^and "Smith & Jones'' was lost to the 
trade. 

The picture of the automobile which a 
few summers ago you thought very elegant 
and very much up-to-date, you would scorn 
today as cheap and passe. 

But the picture of the Baker Chocolate 
girl, who has been holding out her eternal 
tray to an invited public since the oldest 
patriarch was in swaddling clothes, un- 
doubtedly holds an added significance for 
you every time she reaches your attention. 
She has been a familiar friend since your 
childhood. 

Fashions and names may changey but a 
good trademark remains the same forever, 

[81 ] 



§36 





It sometimes happens — but not often — 
that a commodity itself serves well as a 
trademark. Ivory soap is a conspicuous 
example of this. But it would not be 
feasible for a new soap of another name to 
follow the identical practice. The idea has 
been dominated and usurped by the manu- 
facturers of Ivory. To follow this method 
would be to imitate it cheaply — and unless 
the appearance of the competing soap were 
distinctly different legal difficulties would 
result. 

And the same may be said of Royal 
Baking Powder. 

Long use has given the names of these 
conmiodities trademark value. 

Occasionally it also happens — but not 
often — that a package or container has 

[82] 



trademark value. A distinct and practical 
shape is certainly a rare thing in containers. 
But Log Cabin Syrup is put up in tins that 
possess this advantage quite logically. 

Also be it remarked here that some styles 
of advertising have this distinction. When 
a fixed style is continuously used for a long 
time it may acquire trademark value, pro- 
viding it is decidedly imlike other advertis- 
ing. The Douglas Shoe publicity — ^ugly as 
it is — ^is an example of this, as is also the 
advertising of the American Radiator Com- 
pany and that which exploits Castoria. 

But these successes are due to particular 
circumstances and to persistent and con- 
tinued use. They are by no means examples 
to be emulated. 



[83] 



§37 





The first rule for the designing of a trade- 
mark is that there are no rules. Common 
sense and uncommon inspiration are the 
best guides. 

We say that a familiar form is to be 
avoided — especially the circle. Yet the 
Northern Pacific Railroad's trademark is a 
circle, and it is certainly one of the best 
trademarks that ever went on paper. Also 
it is one of the oldest emblems in existence. 
It was one of the first recognized symbols of 
the male and female, and is of ancient 
oriental origin. 

The strength of this trademark, how- 
ever, lies not in the circle, but in the strong 
and unique design that dominates it. 

We say that a trademark must not be 
ugly. And yet the Ostermoor picture is a 



[84] 



trademark in a real sense and probably 
could not be purchased for fortunes. 

All of which gives emphasis to the 
truism that it's a poor rule that doesn't 
need fifty-seven varieties of exceptions. 



§38 

In the work of designing a trademark 
there are so many things to be considered 
that it is well to have thoroughly fixed in 
one's mind the advantages to be sought and 
the things to be avoided. To this end let 
us here examine a few trademarks. 

But it should be borne in mind that 
what may be said in these pages in criticism 
of any trademark is said without consider- 
ation of the obstacles that may have been 
overcome in its development. Often defects 
are recognized and deplored most by those 
most concerned. But a trademark that 
has once become established can seldom be 

[85] 



changed without serious harm. The com- 
ments here made are for the one purpose of 
helping to understand what a good trade- 
mark should be — and are not given in the 
spirit of criticism. 




With a trade-name identical in both 
content and form with that of a well-known 
automobile, but of a much earlier origin, 
the Packard Piano Company- 
has succeeded to a remarkable 
degree in separating its name 
from the other, by this distinct- 
ive device. It is a strong trademark. It 
tells the story at a glance and tells it well. 
It is simple and is of the right proportions. 
It is susceptible to great enlargement and 
reduction without loss of its unity and it 
has a form that can easily be visualized. 
But had it held less suggestion of the 
shield shape it might have gained more 
distinction. 

[86] 



SaniaF^ 



A square and a circle — ^the two com- 
monest forms — are hardly good materials 
with which to build a trademark. But here 
is a splendid device built of them. 
It has all the factors demanded — 
simplicity — strength — difference 
— unity — attraction. It would 
probably be impossible to get this trade- 
mark registered today, as it contains a form 
similar to the Red Cross device. But it 
is the only discoverable trademark in which 
the square and the circle have been promi- 
nently and effectively used. Usually they 
should be avoided as lacking distinction. 



The eagle has been sadly overworked as 
a trademark motif — as also has the globe. 
But here is a combination of the 
two that is really impressive — 
principally because it produces a 
unit of a distinct form. It has a 
shape all its own. It is easy to 
remember — and it is symbolic. 

[87] 




Its great height as compared to its width is 
a disadvantage, as it is not so adaptable 
as are trademarks of less height and greater 
width. 



A unique style of lettering may give a 
tradename distinction, but as the lettering 
« ^ cannot be protected, other 

I >iwni^ names may be made in a 
similar style and the distinction thereby 
lost. Here is a case in point. Its peculiar 
lYi ♦ f I ^ lettering has given the Fire- 
**^ stone name some trademark 
value. But another rubber company has 
adopted a similar lettering, robbing the 
first of its distinction and leading to cer- 
tain confusion. 



Here is an example of what a trademark 
should not be. It is not even an adequate 
protective measure. As a label 
it is commonplace and unat- 
tractive. Under a strict inter- 



Conj^^TsED 
MILK 



[88] 



pretation of the term it could not be classed 
as a trademark. With the exception of the 
signature it possesses no trademark value 
above that which cold type has. 



An unusual trademark this — a happy 
combination of picture and design. Cap- 
able of effective use in color, or 
black and white. The association 
of the animal with the product 
fixes the all-necessary impression 
in the mind. The height of the design 
is a disadvantage. 





This uncomplicated trademark is par- 
ticularly strong because of its simplicity. 
It gives form to the trade- 
name and makes it a unit. 
This shape has been used for 
other trademarks but as the internal design 
is here so different and dominating, the 
device has the necessary distinction. 

[89] 



Too complicated is this elaborate em- 
blem — and consequently too difficult to get 
easily fixed in the public eye. A simpler 
device would accomplish this 
purpose quicker and with less ex- 
penditure of money and energy. 
And too, it is strikingly like a 
great many heraldic devices and may easily 
be confused with the Knox hat trademark, 
which is possessed of exceptional value be- 
cause of its age and the intelligent use it has 
been put to. 





Curiosity as to what it may be, may add 
interest to this strange trademark. The 
end of a cypress log, badly drawn, 
does not make an eye-inviting 
picture. But it does make a fairly 
impressive trademark. It at least is dif- 
ferent — and it is saved from being lost 
by that fact. 



[90] 



It has been said that a good trademark 
should never be round. Yet here is a 
round trademark that is a good 
one. But the circle is not essen- 
tial to it. It's the emblem of 
someone by the name of Cross 
— ^who surely must make a worthy product. 
Trademarks as simple and effective as this 
are exceedingly rare. 





There are perhaps five-hundred diamond- 
shaped trademarks registered in America 
alone. And to the great lay public they 
practically all look alike. Had 
one manufacturer been able to 
protect this shape, and to have 
everlastingly connected it with his product, 
he would have had a trademark of almost 
unmatched merit. But as there are now 
many different suggestions associated with 
the diamond, it has little or no trademark 
value. And the same may be said of 

[91] 



stars, hearts, crescents and the many other 
familiar shapes. 



A distinct shape is altogether to be de- 
sired in a trademark — ^but here is a distinct 
shape that is not particularly attractive or 
H^ adaptable, and it has the disad- 

^B&» vantage that it recalls many other 
hBK associations. Also it is limiting. 
^^ It might even hamper the ex- 
tension of trade into foreign countries. 
The trademark that is not fit to be used in 
all places and at all times is not a good 
trademark. 



A form totally unlike any other a trade- 
mark should have — if that is possible. 
But it should also have an attractive form. 
Here is a trademark that is 
^^ "different"— but it is ugly. It 
is meaningless, unfinished, dis- 
jointed, and would detract from the 

[92] 



appearance of any well laid out printing 
matter. Ugliness is to be avoided at any 
expense in the designing of trademarks. 



Good nature always gives a sense of 
pleasure, but the comic should be employed 
sparingly in business. It leads to embar- 
rassing situations — and is some- 
times exceedingly cheap. One could 
not imagine this face being used in 
a Marshall Field advertisement. 
Yet it is a manufacturer's trademark and 
should properly take a place in retail 
advertising. Dignity adds scope to the 
possibilities of the trademark. 




As evidence that our laws are hope- 
lessly inadequate and that good taste is 
still lamentably underdone, the 
fact that faces are legally regis- 
terable as trademarks is here sub- 1^55357 
mitted. Enduring monuments 
to colossal egotism! It's a lenient public 

[93] 




that forgives and forgets. Yet some faces 
have trademark value, and they are at least 
infringement proof. But in an intelligent 
world they are as likely to be liabilities as 
assets. 

An attractive trademark this — yet as 
like a hundred other emblems and heraldic 
devices as one pea is like another. 
It is dignified and inviting, but 
only one who had studied it closely 
would ever succeed in visualizing 
it. There have been literally hundreds 
of thousands of shields used since men first 
began to invent emblems and they are 
conspicuously commonplace. 




It would seem a natural thing for an 
automobile manufacturer to build a radiator 
for his car that would have 
a distinct shape, and then 
use that shape as his trade- 
mark. The condition would 

[94] 




be a happy one, for the conspicuousness of 
a distinctive radiator would quickly sep- 
arate the car from all others. The good 
trademark of the White Company partially 
accomplishes this. But the shape of the 
radiator is hardly unusual enough. Dis- 
tinction has been secured here by the 
addition of the other forms. 



Many existing trademarks might be 
greatly improved by the elimination of 
details, or by redrawing them with a dif- 
ferent technique. The Baker chocolate girl 
could be made immensely more attractive 
by modernizing the drawing — without 
affecting in any way the design or its val- 
idity. The Bell Telephone Company could 
have a wonderfully effective trademark by 
eliminating the commonplace circle and 
using the bell device only. 

There are few trademarks that cannot 
be improved. 

[95] 




"Vanity on the highway" still 
pays a ridiculotis toll for auto- 
mobile travel. But two hun- 
dred thousand new Fords 
will this season go to buyers 
who prefer real service at 
reasonable cost rather than 
ostentatious display at un- 
reasonable cost. 

More than a quarter of million Fords now in service 
— convincing evidence of their wonderful merit. 
Runabout, JS2S; Touring Car, 3600; Town Car, 
3800 — f. o. b. Detroit, with all equipment. Get 
interesting "Ford Times" from Dept F, Detroit; 
Ford Motor Company (insert here local branch or 
dealer's address in this type). 



Here is one strong way to use the trademark in advertis- 
ing — just one of an unlimited number of ways. But not 
always do conditions permit its being given the conspicuous 
place it held in this long series of comparatively small 
advertisements. This trademark is symbolic. It is made 
up of two old Egyptian emblems. The pyramid typifies 
strength, permanency, stability. The sacred ibis wings 
typify grace, lightness, speed. But symbolism, in this sense, 
is not a necessary requirement of a good trademark. 



[96] 



§39 

And here follows something about the 
trademark as an economizing factor in 
advertising. 

A large advertisement doesn't always 
get the most attention. A comparatively 
small advertisement that is unusual will 
sometimes secure almost maximum consid- 
eration. 

Other things being equal the advertising 
that is harmonious in its arrangement, that 
has plenty of relieving white space, that is 
unconfused and not unnecessarily compli- 
cated, will invite most eyes. 

If by the merit of a right arrangement an 
advertisement that occupies a quarter page 
is able to attract as much attention as an 
indifferently arranged advertisement that 
occupies a full page, it follows that a sub- 
stantial and direct saving is made. 

Large space is bought in any given pub- 
lication for the purpose of attracting as 
many readers of that publication as possible. 

[97] 



If just as many readers can be impressively 
reached with the smaller advertisement, 
the saving thus made may be used in buying 
similar space in other publications, or in other 
editions of the same publication; and there- 
by a greater number of people are appealed 
to, or the same people are appealed to a 
greater number of times. 

As a means for making effective use of 
small advertising space the trademark pre- 
sents pertinent advantages. 

We are learning that that advertising 
serves best which serves best as a perpetual 
and persisting memorandum to the pros- 
pective buyer. And into this scheme of 
things the trademark obtrudes itself per- 
force. 

As an illustration of one way in which 
the trademark can be effectually used in 
small space, an advertisement of the Ford 
Motor Company of Detroit is printed here- 
in. These advertisements were but two 
newspaper columns wide by only five inches 

[98] 



deep, yet by their uniqueness and extreme 
simplicity they succeeded in dominating 
the page — and they accomplished more than 
a much greater expenditure of money had 
hitherto accomplished with large space. 



§40 




"Dying ^Simi Lost 




A very wise man once remarked that 
this old rolling world of ours would have 
reached its ideals long ago had the men in it 
not been ashamed of the finest and best 
things in them. 

At every hand in today's business one 
may find unaccountable lack of courage for 
the carrying of the finest of purposes and 
beginnings to anything like their logical 
conclusions. It would be difficult to esti- 

[99] 



mate the direct economic loss which this 
apparent cowardice entails. 

Or perhaps it*s not cowardice. It may 
be something infinitely more deplorable — 
mental stagnation. 

A kindly courtesy might find excuse for 
the strenuous advertiser who tucks a cow- 
ardly little trademark away down in an in- 
conspicuous comer of his advertisements, 
and leaves it entirely off his product. 

But what shall be said of the advertiser 
who succeeds in building up a trademark of 
great and actual value, and then, for a 
scheme or a whim, abandons it altogether? 
Having put his hand to the plow he turns 
back. 

It is use, not abuse, that gives the trade- 
mark its power. If it is worth having it is 
worth using with at least some degree of in- 
telligence. Better be honest and have no 
trademark at all than to have one and give 
it no chance to perform the functions for 
which it was created. 

[100] 



The wee trademarks that are hopelessly 
buried in the text of advertisements and 
labels possess little or no worth. They are 
practically dead and might better be per- 
manently buried. A victorious army car- 
ries its banner in front. Only in defeat is 
it trailed ignominiously behind. 

A producer of a famous line of breakfast 
foods has recently discarded from its ad- 
vertising an excellent trademark — a trade- 
mark that had taken years and the expen- 
diture of millions of dollars to get into the 
public consciousness. While it never had 
been aggressively used, it possessed infinite 
value over the name printed in cold type. 
It was a great and tangible asset — ^now 
seemingly discarded. 

And even the gutter-snipes are won- 
dering why. 



[101] 



§41 

One*s title to a trademark rests in the 
common law. If it is originally his he may 
hold it, just as an author holds ownership to 
his unpublished manuscript. It is his by 
right of creation and cannot be taken away 
from him without his consent. 

But it must be original — unlike any 
other. Therefore it must not infringe upon 
any pubHc or private right. 

It must not resemble any other trade- 
mark, or any flag, coat-of-arms, society em- 
blem, national seal. It must be neither 
immoral nor scandalous. It cannot make 
use of an individuaFs name or picture with- 
out his consent, nor can it employ geograph- 
ical names or terms. It must not in any 
way misrepresent or carry false impressions. 

And since it is a tv^de-mark it must not 
attempt to be an advertisement, and there- 
fore it cannot contain any descriptive 
matter whatsoever. 

[ 102 ] 



Trademarks are registered at the patent 
office just as a deed is registered at a county 
court house. But such registration does not 
protect it. It is merely indicative of owner- 
ship. Some valuable trademarks have never 
been registered. But for obvious reasons 
registration is always advisable. 

Trademarks are protected against in- 
fringements through the courts. And there- 
in each case rests upon its own merits. So 
many different constructions have been put 
upon the legal points involved that it is 
quite impossible for anyone but an expert 
in trademark legalities to advise concerning 
disputed differences. There are many law- 
yers who make a specialty of this phase of 
the law. They are not creators of trade- 
marks. But their services are practically 
indispensable in the work of registration and 
protection. 

The manufacturer who uses the care in 
the preparation of his trademark which 
other fundamentals of his business demand, 

[ 103] 



will be put to no trouble for its protection 
and will be put to but a nominal expense 
for its registration. 



§42 

"We are going to change our policy con- 
cerning trademarked goods/' said the head 
of one of the largest retail organizations in 
America. "From this time on we are de- 
termined to acquire and push aggressively 
the best and widest known brands in our 
lines." 

"But," protested a department manager 
"what are to become of our own trademark- 
ed products? We certainly aren't going 
to—" 

"That's just what we are going to do 
— drop them," replied the owner. "We're 
through putting our stamp on goods that 
are manufactured for us. We never have 
and never can control the variations in 

[ 104 ] 



quality. Today an article may be right and 
tomorrow it may be all wrong — put the 
specifications as high as we will. WeVe 
been led into messes — " 

**But surely our mark means something*' 
argued the manager. 

*'It does — and in effect it's on every in- 
dividual thing we sell. We stand back of 
our merchandise, all of it — ^whether it bears 
our trademark or not.*' The owner ham- 
mered his desk as he continued. "But 
hereafter we are going to have two guaran- 
tees upon all our goods — ^the maker's and 
our own. We are not going to take all of 
the responsibility. When things go wrong 
the blame isn't usually ours. But we can't 
shift it when our own branded stuffs are con- 
cerned. By them we have to stand or fall. 
If the real maker's trademark is there, it's 
an easy matter to adjust the trouble, with- 
out losing a customer. He sees that we are 
only an intermediary in the transaction. 
He may be 'sore' — but not entirely at us." 

[105] 



** You're right there!" exclaimed an as- 
sistant. 

**And that's only the negative side of it/* 
continued the owner. **We need the man- 
ufacturer's help. Why shouldn't we tap 
and use for ourselves some of the high 
voltage power he is generating by his na- 
tional advertising and other propaganda? 
Why should we carry the entire burden? 
Our brands are local at best. It's easier, 
and a lot more profitable to travel with the 
current. If we can't give a woman the 
thing she knows about and wants, we lose 
her trade on other things. If we pay more 
fortrademarked goods, we sell more of them 
and they sell other goods. We can't run 
against the established order. People want 
the goods they are acquainted with. We 
can't afford to be substituters, give-you- 
something- just-as-good merchants. Besides 
our own trademarked goods have cost us 
more than we think. It's at our expense 
that they are popularized." 

[ 106] 



**And isn't there something to be said 
about the right of the customer to know 
where his goods come from?*' It was the 
superintendent who spoke. 

"Yes, there is a question of fairness — 
perhaps even of common honesty — ^involved 
also/* said the owner. "The customer 
should not be deceived as to the source of 
the thing he buys. And it's against public 
weal that the maker's identity should be 
lost. But enough of this. You men must 
think the thing through for yourself. The 
conference is ended." 



§43 

It is conceivable that there will come a 
day, and that in no far distant time, when 
the consumer will decree that goods that 
are not worthy of being trademarked will 
not be worthy of being bought. Fair deal- 
ing is today a recognized part of the law of 

[ 107] 



the survival of the fittest. Against bad 
merchandise and dishonest methods the 
trademark is an insurance to the public — 
and as an insurance policy it will be de- 
manded with the transfer of merchandise. 

Others may make the goods. But others 
cannot use the trademark. The consumer's 
protection against substitution, unsatis- 
factory materials and bad workmanship 
lies in this. 

And herein the trademark is an active 
factor in the acquirement of trade. For 
between trademarked and non-trademarked 
commodities of a kind, the educated con- 
simier — and his number is multiplying 
every day — will buy that to which he can 
pin his faith, that which bears the maker's 
stamp of approval. 



[ 108] 



§44 



x-o 



Cattle ^KfaV^rfi Memory 

brand loiiMB^I^-.. brand 




"Whoo-pee! Whu-ya! Cut 'em in there 
boy! Whoo-pee! Go to it y' pink-homed 
piker. Wow! May your hair singe blue, 
y' cranky critter. Woo-boy! There y' 
are now. Sense ye had after all. And 
you're a darlin!" 

A bewhiskered cowpuncher in cordu- 
roys and a derby hat, from a high seat on a 
Kentucky thoroughbred, sniffed the pun- 
gent odor of burning hair. All day long 
he had worked separating the calves from 
the cows, thousands of them, and now his 
voice was waning with the waning sim. 
But the job was done and the last of the 
calves were in the great lane — ^ready for 
the branding. 

Burning ! Burning deep — ^burning for all 
time — a mark never to be erased — stamped 
into the living flesh — seared into the very 

[109] 



being — the cattle brand was doing its work 
— the young cows were being marked for life. 

A brander! That^s what the * 'trade- 
marker" is. His is the task of burning into 
the public consciousness a never-to-be- 
eradicated impression. His tool is hot and 
simple. And the depth of the burning de- 
pends upon his skill. 

A brander! 



§45 

Once upon a time, not very long ago, 
there lived a man whose one passion in life 
was to bring about a condition that would 
compel everybody to bathe daily. The 
daily bath was to him the panacea for all 
ills. And he preached its gospel at every 
opportunity. In society, in business, in 
his letters, even in his dreams it never de- 
serted him. His entire horizon revolved 
around the subject of the daily bath. 

[ 110 ] 



Now we know that to keep one*s self 
clean and in shipshape is a part of common 
human decency. Even the truck driver 
recognizes that need. But the daily bath 
doesn't cure all evils of body and mind, 
any more than a good trademark rectifies 
all the troubles of the business. 

If in these pages undue emphasis has 
been laid upon the importance of the trade- 
mark it has been because insufficient em- 
phasis has been laid upon it by business in 
general. And it is well that the balance 
should be made true. 

Even in advertising, the trademark is 
not always a vital thing. A new and 
unique product, which establishes a new 
classification, needs to be thoroughly ex- 
plained and made understandable to the 
buyers of the field in which it sells. It 
would be foolhardy to try to put before the 
public, for instance, an automobile which 
operated upon an entirely new principle, by 
means of a trademark alone. 

[Ill ] 



But there will come a time, when the 
new product is established and when there 
are many competing and similar products, 
when the trademark will become vitally im- 
portant as a means of separating that 
product from all others of its kind. 

The new manufacturer who does not 
bring into being a good trademark at the 
time his venture is launched, even though 
it may not at once be conspicuously used, 
is neglecting a real opportunity to add to 
his tangible assets. 

And the established manufacturer who 
has not now a good trademark stands in 
pressing need of one. 

The trademark is not a panacea for every 
business ill. But it is a fundamentally im- 
portant part of the business equipment that 
is to serve efficiently in the new order. 



[ 112 ] 



m1/}'I^,?';,':o'^grk? 



0019^2191 







■mm 






